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PEOPLE v. ROSS

Docket No. 10461.

236 Cal.App.2d 364 (1965)

46 Cal. Rptr. 41

THE PEOPLE, Plaintiff and Respondent, v. HENRY B. ROSS et al., Defendants and Appellants.

Court of Appeals of California, Second District, Division One.

August 6, 1965.

Attorney(s) appearing for the Case

Erling J. Hovden, Public Defender, under appointment by the District Court of Appeal, Paul G. Breckenridge, Jr., and James L. McCormick, Deputy Public Defenders, for Defendants and Appellants.

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Bradley A. Stoutt, Deputy Attorney General, for Plaintiff and Respondent.

LILLIE, J.

A jury found defendants Ross and Madrid guilty of first degree robbery (Pen. Code, § 211) and that they were armed at the time they committed the offense. They appeal from the judgment.

Around 5:30 a.m. on May 7, 1964, Madrid walked into a Chevron service station where Thomas Daulton was working, followed by Ross who pointed a rifle (Exh. 1) at Daulton declaring, "It's a holdup; give me the key to the box" [outside by the pumps]. Daulton handed...

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